Regarding will
saravanan
(Querist) 29 January 2013
This query is : Resolved
Dear sir,My name is saran,I from a hindu family,I would be greatful to you all if i get replys from your side soon as my case is on trial now, I m in a great problem sir so i seek u r humble help, Sir my grandfather died in year 1955 soon after his death all his property were under my grandma's control as gaurdian, whereas my mother and two uncles were minor at that stage, (one of my uncle died wen he was minor, so all propertys were maintained by my granny as gaurdian) but other one uncle who is very criminal minded got a will registered on his favour from my illiterate grand mother in the year 1990, but my granny died only in 2005 until then we dont know this matter n wen we talked about the property partion after few months of our grandmothers death,my uncle said that his mother has registered a will only in his favour not for you (my mother), he had planned earlier itself n got the will without anyones knowledge by attesting two of his close friends and now we filed a suit against him stating the will is a forged n he has cheated us.he has stated in the reply statement that his mother is illiterate n has no wordly experience n all he also stated that his mother was sick in 1990 that time she registered a will on his favour
my humble request from you is sir that he admits his mother is illiterate,how can we challange him to prove the registered will is forged one, suggest me some judgements regarding will and its liabilitys
we all in our family know he has got the will by cheating his mother only, sometimes we use to pledge the doccuments to bank n on repayment bank manager uses to come to register off and cancel the pledged doccuments so i suspect he might have taken my grandmother saying that to cancel certain doccuments n that time he might got signature in a already created doccument(will) n might have got registered also,but i m sure if my grandmother has done a will on her own knowledge on my uncles favour she would have said atleast to anyone who is close in the family,she have never said to anyone yet,so without her knowledge he created that will and registered on his favour, sharanblr@hotmail is my mail id pls send me u r humble suggestions i will be thankful to you forever
Regards
saran
THANKACHAN V P
(Expert) 29 January 2013
Dear Sravan,
If the property was originally belonged to your grand father, then after his death the property had already been devolved upon his wife (your grandma) and children (including your mother) equally.Your grandma is only one of shareholders like your mother. She could assign only her share by way of WILL.You need not win the case only because she was illiterate. You may win the case if you can prove that the WILL was created by committing fraud or other illegal means.But it is question fact which is to be proved by you at the time of trial.
saravanan
(Querist) 29 January 2013
thanks sir but at the time of partion in 1955 they did nt add my mothers name, it seems ladys were nt included at that time can we now file a suit that the earlier partion made after my grandfathers death is not sustainable as they did nt add my mothers name
